§ 7-5-6 MONTHLY BILLING.

   The monthly charge for city storm sewer service shall be included on the monthly bill for city water and/or sewer, as the case may be, delivered in the usual manner provided therefor and shall be delivered to the real property owner. The real property owner shall be responsible for the payment in full of the monthly bill for city storm sewer service imposed upon the real property so billed for said service. Failure of the real property owner to pay the bill as and when due will subject the property to the termination of water service as authorized pursuant to Montana law.

(Ord. 2009-04, passed 9-14-2009)

§ 7-5-7 ESTABLISHMENT OF FUND.

   All storm sewer charges shall be collected as provided in this chapter and credited to a fund to be known as the “Storm Water System Fund”, which Fund shall be at all times segregated and maintained by the City Clerk on the books of the city as a separate and special fund. All revenues collected from the storm sewer utility fee, grants, permit fees and other charges collected shall be deposited to the Fund. The Council may make additional appropriations to the fund. All disbursements from the fund shall be for the following purposes: The acquisition by gift, purchase or condemnation of real and personal property, and interests therein, necessary to construct, operate and maintain storm sewer facilities; all costs of administration and implementation of the storm water management program, including the establishment of reasonable operating and capital reserves to meet unanticipated or emergency storm water management requirements; engineering and design, debt service and related financing expenses, construction costs for new facilities and enlargement or improvement of existing facilities; operation and maintenance of the storm sewer system; monitoring, surveillance and inspection of storm water system facilities; water quality monitoring and water quality programs; retrofitting developed areas for pollution control; inspection and enforcement activities; billing and administrative costs; and all other activities which are reasonably required to plan, design, build, operate, maintain and administer the storm water system.

(Ord. 2009-04, passed 9-14-2009)

§ 7-5-8 FLOOD INSURANCE.

   Floods from storm drainage may occasionally occur which exceed the capacity of storm drainage sewer facilities constructed and maintained using funds made available under this code. This code does not imply that property liable for the rates and charges established in this code will always be free from storm drainage flooding or flood damage. This code does not purport to reduce the need or the necessity for the owner obtaining flood insurance and protecting the owner’s property from storm drainage.

(Ord. 2009-04, passed 9-14-2009)

§ 7-5-9 COOPERATION WITH COUNTY.

   The city shall, in all ways and within the limits of its powers, solicit Lake County, itself or by and through its several subordinate governing bodies, to cooperate in providing drainage facilities in storm drainage basins, or parts thereof, extending outside the city and in general to carry out the drainage plan developed therein. Maps showing all storm drainage basins and proposed facilities shall be furnished to the Lake County Commission for use in this matter.

(Ord. 2009-04, passed 9-14-2009)

§ 7-5-10 COORDINATION WITH MONTANA DEPARTMENT OF TRANSPORTATION.

   The city shall solicit the Department of Transportation’s financial participation in all storm drainage improvements constructed on or impacted by federal aid routes within the city limits. This solicitation shall be in accordance with any then-existing city-state storm drain agreement.

(Ord. 2009-04, passed 9-14-2009)

§ 7-5-11 SUBMISSION OF PLANS BY DEVELOPERS.

   (A)   All developers applying for any of the following permits and/or approvals shall submit, for approval, a drainage plan prepared by a professional engineer with their application and/or request:

      (1)   Major subdivision plat approval; and

      (2)   Minor subdivision plat approval.

   (B)   Commencement of construction work under any of the above permits or applications shall not begin until such time as final approval of the drainage plan is obtained in accordance with the ordinance codified in this chapter.

   (C)   The same plan submitted during one permit/approval process may be subsequently submitted with further required applications. The plan shall be supplemented with such additional information as may be requested by the city planning staff or its Facilities Department.

   (D)   The plan requirement established in this section will apply, except when the developer demonstrates to the satisfaction of the city staff and/or Planning Board that the proposed activity or development:

      (1)   Will neither seriously, nor adversely, impact the water quality conditions of any affected receiving bodies of water;

      (2)   Will not alter the surface discharge location, alter the drainage pattern on adjoining properties, alter drainage patterns, increase the discharge, nor cause any other adverse effects in the drainage; and

      (3)   Will not alter the subsurface drainage patterns, flow rates and discharge points, nor result in any significant adverse affects to property or residents.

   (E)   Drainage plans shall be prepared in accordance with the rules, regulations and standards as the same then exists, and shall be consistent with the criteria set forth in this chapter.

   (F)   At the time of approval of the drainage plan for the subject property, a schedule for inspection of construction and facilities will be established by the city planning staff.

(Ord. 2009-04, passed 9-14-2009)

§ 7-5-12 RESPONSIBILITY FOR ACCEPTED STORM WATER FACILITIES.

   All storm water facilities constructed, installed or provided hereunder within public right-of-way shall, upon acceptance by the city, become the property of the city, and the city thereafter shall be responsible for the operation and maintenance of the facilities. The city shall maintain all accepted public storm sewer facilities located within city-owned land, city rights-of-way and city easements. The city has the option to maintain other accepted public storm water facilities located within or adjacent to the city. Such public facilities include, but are not limited to, open drainage ways and piped drainage ways constructed, expressly for use by the general public and as a part of the city storm water facilities, bridges, roadside drainage ditches and glitters, flood control facilities, including detention and retention basins, dikes, overflow channels, and pump stations, that have been designed and constructed expressly for use by the public. Such public storm sewer facilities exclude facilities not accepted by the city for maintenance.

(Ord. 2009-04, passed 9-14-2009)